HomeMy WebLinkAbout87-93 RESOLUTION•
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RESOLUTION NO. A7 -j3
A RESOLUTION AUTHORIZING THE CITY OF
FAYETTEVILLE TO SEEK CERTIFICATION BY THE FCC TO
REGULATE BASIC SERVICE AND EQUIPMENT RATES OF
THE FRANCHISED CABLE OPERATOR, CERTIFYING THE
FUTURE ADOPTION OF RULES CONSISTENT WITH THE
FCC'S, CERTIFYING THAT THE CITY HAS AUTHORITY
AND PERSONNEL TO ADMINISTER RATE REGULATIONS,
AND PROVIDING FOR A REASONABLE OPPORTUNITY
FOR CONSIDERATION OF THE VIEWS OF INTERESTED
PARTIES.
WHEREAS, Section XX(D) of the Franchise Agreement between the City of Fayetteville
(the "City") and Warner Cable Commumcations, Inc. entered into by virtue of Ordinance No.
3413 dated March 7, 1989, provides that to the extent applicable law or regulation may now, or
as same may hereinafter be amended, to authorize the City to regulate the rates for any particular
service tiers, service packages, equipment or other services provided by grantee, the City shall
have the right to exercise rate regulation to the full extent authorized by law, and;
WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992
("Cable Act of 1992") allows local authonties such as the City of Fayetteville to regulate basic
service and equipment rates of their franchised cable operations upon obtaining certification from
the FCC, and;
WHEREAS, the City of Fayetteville specifically desires and believes it to be in the best
interests of the citizens of the City of Fayetteville to regulate basic service and equipment rates
of the franchised cable operator, Warner Cable Communications, Inc. to the full extent allowed
under the law, and;
WHEREAS, a public hearing was held on August 17, 1993 allowing interested parties
an opportunity to express their views regarding this resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE
CITY OF FAYETTEVII.I.F, ARKANSAS:
Sanwa. The Mayor and/or City Clerk of the City of Fayetteville, Arkansas are
hereby authorized to do all things necessary to seek certification by the FCC at the first available
opportunity in order to regulate basic service and equipment rates of the franchised cable
operator, Warner Cable Communications, Inc. pursuant to the Cable Act of 1992.
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Resolution No. 87-93
&dim/. The City Council hereby certifies to the following:
a. The City of Fayetteville will adopt rules consistent
with FCC rules within 120 days of certification; all
rate regulations will be consistent with the rate
regulations prescribed by the FCC.
b. The City of Fayetteville has the legal authority to
adopt, and the personnel to administer, rate
regulations.
c. The procedural rules adopted by the City shall and
do provide reasonable opportunity for consideration
of the views of mterested parties.
PASSED AND APPROVED this 17ffi day of August , 1993.
ATTEST: �D
By: i�� Ql �Y
Sherry IS. Thomas, City Clerk
APPROVED:
BY.
Hanna,ette
red Mayor